PER / PELJ - Pioneer in peer-reviewed, open access online law publications
Author Johandri Wright
Affiliation North-West University, South Africa
Email johandri.wright@gmail.com
Date Submitted 17 March 2023
Date Revised 27 November 2023
Date Accepted 27 November 2023
Date Published 19 February 2024
Editor Mr M Laubscher
Journal Editor Prof C Rautenbach
How to cite this contribution
Wright J "Funding Climate Change Initiatives: Utilising the Law for Enhancing Financial Management in Cities" PER / PELJ 2024(27) - DOI http://dx.doi.org/10.17159/1727-3781/2024/v27i0a15809
Copyright
DOI http://dx.doi.org/10.17159/1727-3781/2024/v27i0a15809
Abstract
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Climate change affects cities disproportionately, and some cities |
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Keywords
Climate finance; corruption, municipal governance; city governance; finance controls; financial management; anti-corruption.
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1 Introduction
It is no secret that climate change threatens the viability of human life.
1
Johandri Wright. LLB (cum laude) LLM (cum laude) PhD in Law and Development. Post Doctoral Fellow: SARChI Chair in Cities, Law and Environmental Sustainability, Faculty of Law, North-West University (Potchefstroom Campus), South Africa. Email: Johandri.wright@gmail.com. ORCiD: https://orcid.org/0000-0002-3317-9057. Thank you to Dr MD Glasser for his valuable feedback on previous versions of this article. This research was conducted with the financial support of the National Research Foundation of South Africa (NRF) (Grant No. 115581). All viewpoints and errors are the author's own. 1 Transparency International Global Corruption Report 2. 2 OECD Cities and Climate Change 4; Hunt and Watkiss 2011 Climatic Change 13; Negreiros et al The State of Cities Climate Finance ii; Doku 2021 European Journal of Development Research 3026. 3 OECD Cities and Climate Change 4. 4 OECD Cities and Climate Change 4. 5 Negreiros et al The State of Cities Climate Finance ii. 6 For an extensive explanation and description of the effects of climate change and their impacts on cities, see Hunt and Watkiss 2011 Climatic Change 14. 7 Negreiros et al The State of Cities Climate Finance ii.
Cities are participants in global climate governance in their own right.
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8 For the development of city climate change action see Gordon 2013 Canadian Foreign Policy Journal 288. 9 World Bank Cities and Climate Change 14; Negreiros et al The State of Cities Climate Finance ii; OECD Cities and Climate Change 4; Gordon 2013 Canadian Foreign Policy Journal 288. 10 Negreiros et al The State of Cities Climate Finance ii.
made up of about 100 cities.
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11 C40 Cities 2023 https://www.c40.org/about-c40/.
The World Bank reported that many cities in developing countries are already operating under extreme financial constraints to provide basic services to residents living in poor conditions.
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12 World Bank Cities and Climate Change 9. 13 Sullivan, Gouldson, and Webber 2013 Climate Policy 514. 14 Depending on the city's governance structure, a city's normal revenue base may consist of rates for municipal services, local taxes and a portion of the national budget allocated by the national or state government. 15 The World Bank provides financial support to cities for climate change initiatives through several projects such as Development Program Loans and the City Climate Finance Gap Fund. World Bank Cities and Climate Change 9. 16 An example of such a project is the Eco2 Cities, which is an organisation that helps city governments to plan, design, invest and manage climate change initiatives. World Bank Cities and Climate Change 9.
Meanwhile, corruption and financial mismanagement are an obstacle to cities' ambitions to implement climate change projects.
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17 Transparency International Corruption-Free Climate Finance 4; Negreiros et al The State of Cities Climate Finance ii. 18 Transparency International Corruption-Free Climate Finance 4.
This article looks specifically at how international and regional law can be used to improve the management of climate funds in cities. It first discusses the various challenges cities face in managing climate funds. Then the article critically analyses the law and policy measures related to financial management in cities as found in international and regional law and policy. The analysis is done within the limits and constraints of the many differences that may exist between cities – different governance structures, capacities, authorities, and unique social and economic contexts. It also presents some examples of cities using innovative law and policy tools to
improve their financial management. Finally, the article concludes with some observations and important recommendations.
2 Challenges of financial management in cities
In this section "the city" refers to the local authority or government structure responsible for local governance. "Climate finance" or "climate funds" can be understood as finance, or development aid, which are mobilised by local, national, international or transnational institutions and allocated for climate mitigation or adaptation projects to be implemented by the city. This section looks at the sources from which a city can fund its climate change projects.
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19 The phrase "climate change projects" refers to any projects which cities may undertake to implement climate adaptation or mitigation strategies. Therefore they may involve expenditure towards more efficient infrastructure or awareness raising campaigns, for example.
2.1 The City Climate Funding Landscape
Circumstances often require cities to be innovative when they source funds for climate change projects and at times one project may be funded by a patchwork of different sources. Although no two cities can truly be compared to each other, one can divide the sources from which they may fund climate change projects as follows: the city's own annual budget, private investments, national grants, multilateral agreements, and international projects.
A city's own budget, and the revenue base it can use to fund different initiatives such as climate change projects, depends on its local fiscal autonomy and the way the government structures of that country are designed. Local fiscal autonomy refers to the ability of cities to set their own taxes and raise their own revenues. Fiscal autonomy also involves the competency of cities to decide how and when to spend their revenues and other sources of income. The degree of fiscal autonomy cities enjoy may differ vastly from one another. Cities are considered as completely financially autonomous if they can determine their own tax base, tax rate and any tax reliefs without having to consult a higher level of government.
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20 OECD Fiscal Autonomy of Sub-Central Governments 6. 21 OECD Fiscal Autonomy of Sub-Central Governments 6. 22 Zhifu et al 2019 Journal of Cleaner Production 582; Rosenzweig et al 2010 Nature 909.
business taxes, advertising taxes and excise taxes to fund climate change projects.
Cities with sufficient fiscal autonomy, in partnership with the community, are also able to fund climate change projects using tax credits.
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23 Wheeler 2008 Journal of the American Planning Association 481; Rosenzweig et al 2010 Nature 909. 24 Gonzales-Limón, Pablo-Romero and Sanchez-Braza 2013 Energy 277; Rosenzweig et al 2010 Nature 909. 25 Rosenzweig et al 2010 Nature 909. 26 Gonzales-Limón, Pablo-Romero and Sanchez-Braza 2013 Energy 277; Rosenzweig et al 2010 Nature 909.
The phrase "private investments" refers to investments by non-governmental actors such as banks, businesses or other private persons providing capital (money) to the city on condition that it will be used to implement a specific climate change project.
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27 Tall et al Enabling Private Investment 14. Private investments can take place in accordance with different models. They may take the form of once-off sums of money, or a private investor may take on a more active role such as in a public/private partnership, where the city and the private investor engage in the climate change project in a manner similar to conducting business as a traditional partnership or joint venture. 28 Tall et al Enabling Private Investment 14. 29 C40Cities 2022 https://www.c40knowledgehub.org/s/article/Six-effective-ways-for-cities-to-invest-in-climate-action?language=en_US; Colenbrander et al Financing Low-Carbon, Climate-Resilient Cities 5; Tall et al Enabling Private Investment 10.
Another essential source for funding climate change projects in cities is intergovernmental transfers.
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30 Colenbrander et al Financing Low-Carbon, Climate-Resilient Cities 5; Patel Funding for Adaptation to Climate Change 18; Negreiros et al The State of Cities Climate Finance 9.
combination of these.
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31 Patel Funding for Adaptation to Climate Change 18. 32 Section 5 of the Division of Revenue Act 5 of 2022. 33 One of these grants is the Municipal Infrastructure Grant. DPLG 2004 https://www.cogta.gov.za/mig/docs/3.pdf.
Today many cities partner with multilateral and bilateral development aid agencies such as the Vertical Integration and Learning for Low-Emission Development in Africa and Southeast Asia (V-LED) to access grant aid, concessional loans, and capacity building schemes.
34
34 Other examples include C40FinanceFacility, Global Covenant of Mayors and the World Bank. World Bank Cities and Climate Change 39; Patel Funding for Adaptation to Climate Change 16; Reddy et al Local Government Climate Change Support Programme 4. 35 World Bank Cities and Climate Change 3. 36 Patel Funding for Adaptation to Climate Change 16. 37 World Bank Cities and Climate Change 39; Climate Policy Initiative 2022 https://www.climatepolicyinitiative.org/the-topics/blended-finance/.
Finally, countries classified as low- or middle-income countries may access funding for climate change projects from international sources under the United Nations Framework Convention on Climate Change (UNFCCC).
38
38 Colenbrander et al Financing Low-Carbon, Climate-Resilient Cities 5; United Nations Climate Change 2022 https://bit.ly/3A3RVCE. 39 United Nations Climate Change 2022 https://bit.ly/3A3RVCE. 40 United Nations Climate Change 2022 https://bit.ly/3A3RVCE. 41 United Nations Climate Change 2022 https://bit.ly/3A3RVCE.
governments. However, to access funding from the LDCF, cities would have to apply via their national government structures.
There are thus multiple modes for cities to secure climate funds, but the UN shows that despite these, more investments are needed to sufficiently address climate change.
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42 United Cities and Local Governments Local Government Finance 17.
2.2 Corruption as a challenge in managing climate funds
Corruption and gross financial mismanagement have been observed in the climate finance sector.
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43 Sullivan, Gouldson, and Webber 2013 Climate Policy 519; Lehtinen et al 2022 International Journal of Project Management 347; Elges and Martin Protecting Climate Finance 921. 44 Wright Legal Perspectives 101.
As in all other public sectors, corrupt activities in climate funds may include missing, incomplete, inadequate or ambiguous reports and official documents so that it is difficult to effectively monitor and evaluate the use of funds.
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45 Kabir et al 2021 Journal of Southwest Jiaotong University 55. 46 Kabir et al 2021 Journal of Southwest Jiaotong University 58, 60. 47 Opoku et al 2022 African Journal on Land Policy and Geospatial Sciences 594.
Then there are some corrupt activities which seem to particularly flourish in the climate finance sector. "Speed money" or "facilitation fees" have become almost normal in many cities, where public officials are being paid to expedite certain official procedures, such as obtaining licenses.
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48 Opoku et al 2022 African Journal on Land Policy and Geospatial Sciences 601. 49 Opoku et al 2022 African Journal on Land Policy and Geospatial Sciences 601; Lee and Moumbark 2022 Finance Research Letters para 1.
"demand-side corruption" in fulfilling their duties. That is, public officials will not do their jobs unless given a bribe.
Climate finance has led to some innovative ways of committing corrupt acts.
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50 Opoku et al 2022 African Journal on Land Policy and Geospatial Sciences 601. For more specific detail on the risks within the procurement stages of climate projects, see Kahn et al Climate Change Investments 11; Butler, Martin and Hogan Corruption Risks Loom Large 5. 51 Opoku et al 2022 African Journal on Land Policy and Geospatial Sciences 601. 52 The greenhouse gas market is an economic market where emission trading for greenhouse gasses such as carbon dioxide is a form of carbon pricing. It therefore creates a market that dictates the maximum emission allowances for states, companies and other greenhouse gas producing industries or institutions; Opoku et al 2022 African Journal on Land Policy and Geospatial Sciences 601. 53 "A systemic climate risk is triggered by one or more direct risks caused by climate change and then has cascading effects at economic, social, cultural, ecological and political levels. When cascading effects take place, one risk causes one or several risks, which then propagate further". Hui-Min Li et al 2021 Advances in Climate Change Research 384. 54 Opoku et al 2022 African Journal on Land Policy and Geospatial Sciences 601. 55 Lee and Moumbark 2022 Finance Research Letters para 1.
This has led to the loss of climate funds, policy capture, undue influence, and creative accounting or reporting.
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56 Elges and Martin Protecting Climate Finance 4. 57 Transparency International Corruption-Free Climate Finance 6. 58 Transparency International Corruption-Free Climate Finance 6.
Moreover, the impacts of corruption in climate finance are potentially more devastating than those of general public sector corruption. Extensive empirical work was analysed by Leitão
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59 Leitão 2021 Economies 6. The author used the data sets of eleven different empirical studies.
quality of climate adaptation.
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60 Opoku et al 2022 African Journal on Land Policy and Geospatial Sciences 591, 601; Devine, McCollum and Orlova 2022 Finance Research Letters 1. 61 Butler, Martin and Hogan Corruption Risks Loom Large 3. 62 Butler, Martin and Hogan Corruption Risks Loom Large 3. 63 Butler, Martin and Hogan Corruption Risks Loom Large 1.
Public finance management in general includes navigating the many vulnerabilities to corruption. These may vary from weaknesses in bureaucratic processes, poor financial management systems, political greed, weak legislation, lack of political will, poor law enforcement to weak judicial systems.
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64 Lee and Moumbark 2022 Finance Research Letters para 3. 65 Kahn et al Climate Change Investments 5.
According to Transparency International, the climate finance sector is in its infancy,
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66 Transparency International Global Corruption Report 21. 67 Transparency International Global Corruption Report 21.
of institutions (public and private), which include various levels of governance (international, national, and local).
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68 Kabir et al 2021 Journal of Southwest Jiaotong University 57. 69 Butler, Martin and Hogan Corruption Risks Loom Large 3. 70 Butler, Martin and Hogan Corruption Risks Loom Large 3.
Many climate projects require the development of infrastructure.
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71 Butler, Martin and Hogan Corruption Risks Loom Large 4; Kabir et al 2021 Journal of Southwest Jiaotong University 57. 72 Butler, Martin and Hogan Corruption Risks Loom Large 4; Kabir et al 2021 Journal of Southwest Jiaotong University 57. 73 Butler, Martin and Hogan Corruption Risks Loom Large 4; Kabir et al 2021 Journal of Southwest Jiaotong University 57. 74 Butler, Martin and Hogan Corruption Risks Loom Large 4; Kabir et al 2021 Journal of Southwest Jiaotong University 57.
Evaluating whether a climate project has done what it set out to do is complex due to a number of factors such as the climate-related criteria that need to be measured by climate scientists.
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75 Butler, Martin and Hogan Corruption Risks Loom Large 6. 76 Butler, Martin and Hogan Corruption Risks Loom Large 6. 77 Butler, Martin and Hogan Corruption Risks Loom Large 6. 78 Butler, Martin and Hogan Corruption Risks Loom Large 6. 79 Kahn et al Climate Change Investments 5.
Climate finance can be complex, uncertain and innovative in nature.
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80 Transparency International Global Corruption Report 21.
risks can be project-specific, and anti-corruption efforts tailored to general public finance management may overlook these.
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81 Kabir et al 2021 Journal of Southwest Jiaotong University 57. 82 Butler, Martin and Hogan Corruption Risks Loom Large 5. 83 Transparency International Global Corruption Report 21.
It is indicated that a large sum of climate finance globally, is received by developing countries with a history of corruption.
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84 Butler, Martin and Hogan Corruption Risks Loom Large 1. 85 Kahn et al Climate Change Investments 12. 86 Kahn et al Climate Change Investments 12. 87 Transparency International Global Corruption Report 21.
3 Using legal measures to improve climate finance management in cities
Law can be a vital tool to drive change in a community.
88
88 Matnuh "Law as a Tool of Social Engineering" 118. 89 Matnuh "Law as a Tool of Social Engineering" 118. 90 Matnuh "Law as a Tool of Social Engineering" 118.
3.1 Financial risk assessments and plans for each climate project
Financial risk management can be used to prevent financial mismanagement, corruption, and other related maladministration.
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91 Article 9(2) of the United Nations Convention Against Corruption (2003) (hereafter UNCAC).
obstacles to the achievement of climate change priorities. Such assessments can help support appropriate strategies to avoid or reduce the impact of that risk.
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92 Alexander 2005 Journal of Financial Econometrics 3; Suwanda 2020 AYER Journal 36; Aksoy and Asan 2020 International Journal of Business Ecosystem and Strategy 10.
It is arguable then that the planning of climate projects should include a financial risk assessment. This would result in the development of a risk profile that could indicate which measure or combination of measures should be undertaken to mitigate the identified risks. In other words, financial risk assessment would require the city to diagnose the potential for poor or ineffective financial management.
Financial risk assessments might increase risk awareness (and identify the cause of the problem), enhance operations, and improve strategic decision making in cities.
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93 Suwanda 2020 AYER Journal 38. 94 See section 2.2. 95 See section 2.2. 96 Sullivan, Gouldson, and Webber 2013 Climate Policy 526.
3.2 Budgets for climate projects
Sound financial management (and by implication climate finance management) requires inter alia that cities adopt a transparent budgeting procedure
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97 The budget is the outcome of a budgeting procedure. Therefore, when the budget as a measure to improve financial management is investigated, one has to look at the procedure preceding it as well. When this process is flawed in terms of accountability, transparency and other ethical considerations, it is likely that the budget itself will not contribute to improved financial management of a city. 98 Article 9(2) of the UNCAC.
mitigation and adaptation objectives.
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99 IMFO Handbook for Municipal Finance Officers para E.2. 100 Majam and Uwizeyimana 2018 African Journal of Public Affairs 138; IMFO Handbook for Municipal Finance Officers para E.2; Mkhize and Ajam 2006 Journal of Public Administration 761. 101 Majam and Uwizeyimana 2018 African Journal of Public Affairs 138.
International and regional legal prescripts for a valid budgetary process have evolved to include participatory budgeting. This should also be adopted for the climate finance management context. Participatory budgeting is a process which, in addition to the normal prescripts,
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102 IMFO Handbook for Municipal Finance Officers para E.2; United Cities and Local Governments Local Government Finance 52.
Some cities take participatory budgeting as an opportunity to better connect with their communities. For example, in Porto Alegre, Brazil, the budgetary process was modified to give poor and historically disadvantaged or excluded communities the opportunity to be involved in the city's financial decision-making processes.
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103 IMFO Handbook for Municipal Finance Officers para E.2; United Cities and Local Governments Local Government Finance 52. 104 United Cities and Local Governments Local Government Finance 52. 105 Farvacque-Vitkovic and Kopanyi Municipal Finances 401; IMFO Handbook for Municipal Finance Officers para E.2. 106 Farvacque-Vitkovic and Kopanyi Municipal Finances 401; IMFO Handbook for Municipal Finance Officers para E.2.
Not all cities are as successful as the city of Asunción. There are cities where participatory budgeting is not implemented in the true sense, e.g., in cases where the element of participation is reduced to a paper exercise or a tick box activity.
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107 Farvacque-Vitkovic and Kopanyi Municipal Finances 401. 108 In other words, the cities will have a participation process, but a significant portion of the budget that will be spent is not negotiable and no amount of public participation will change this. Farvacque-Vitkovic and Kopanyi Municipal Finances 401.
Budgets, in essence, are documents which contain forecasts of anticipated expenditure and revenue.
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109 Majam and Uwizeyimana 2018 African Journal of Public Affairs 138; IMFO Handbook for Municipal Finance Officers para E.2; Mkhize and Ajam 2006 Journal of Public Administration 761.
3.3 Climate project procurement
Public procurement is a part of supply chain management which also includes the purchase of the goods and services necessary to implement climate projects.
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110 OECD 2022 https://www.oecd.org/gov/public-procurement/. 111 Butler, Martin and Hogan Corruption Risks Loom Large 6. 112 Butler, Martin and Hogan Corruption Risks Loom Large 6. 113 Butler, Martin and Hogan Corruption Risks Loom Large 6. 114 Butler, Martin and Hogan Corruption Risks Loom Large 6.
regional law requirements of public procurement processes must also be complied with in climate project procurement.
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115 Article 9(1) of the UNCAC; Art 5(4) of the African Union Convention on Preventing and Combating Corruption (2004) (hereinafter the AUCPCC); Art 10 of the Arab Convention to Fight Corruption (2010).
Public procurement processes must be founded on transparency, competition, objective decision-making criteria, and public participation.
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116 Article 9(1) of the UNCAC; Art 5(4) of the AUCPCC; Art 10 of the Arab Convention to Fight Corruption (2010). 117 Lazaroiu et al 2020 Sustainability 2.
However, the many requirements associated with procurement often result in a relatively complex process, which may place a heavy reporting and administrative burden on cities.
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118 Dale-Clough 2015 European Journal of Social Science Research 220. For example, in South Africa the policies which cities have developed for public procurement in supply chain management can be several hundred pages long. 119 Compliance aimed at achieving outcomes and the objectives of climate project procurement processes. 120 Dale-Clough 2015 European Journal of Social Science Research 220; Lazaroiu et al 2020 Sustainability 2. 121 Lazaroiu et al 2020 Sustainability 2. 122 Lazaroiu et al 2020 Sustainability 2. 123 Nurmandi and Kim 2015 International Journal of Public Sector Management 198. Also see para 3.4.
3.4 Intelligent information systems, automation, robotics, and e-tools
Not many international and regional law and policy instruments have highlighted the need for cities to turn to intelligent information systems, automation, robotics and e-tools (hereafter referred collectively to as
modern technologies) to improve financial management, which includes climate finance management.
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124 Article 8(2) of the African Charter on the Values and Principles of Public Service and Administration (2011); United Cities and Local Governments Local Government Finance 381. 125 Article 8(2) of the African Charter on the Values and Principles of Public Service and Administration (2011). 126 Farvacque-Vitkovic and Kopanyi Municipal Finances 401.
Some intelligent technologies cities have used to modernise financial management include the BOOST and PEFA e-tools. Cities in Kenya, Moldova and Togo have implemented an e-tool called BOOST which digests and analyses financial data to help cities monitor public spending using disaggregated data as collected and stored by the financial management or treasury information systems.
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127 Farvacque-Vitkovic and Kopanyi Municipal Finances 401. 128 Farvacque-Vitkovic and Kopanyi Municipal Finances 401. 129 Farvacque-Vitkovic and Kopanyi Municipal Finances 401. 130 Farvacque-Vitkovic and Kopanyi Municipal Finances 401. 131 Nurmandi and Kim 2015 International Journal of Public Sector Management 201.
Using intelligent technologies can improve climate finance management because it improves communication between stakeholders, reduces human error, and promotes evidence-based decision making.
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132 Farvacque-Vitkovic and Kopanyi Municipal Finances 401.
said that funders often have their own financial management rules in addition to those of the city. These factors make climate finance management a complex task in terms of tracking funding, communicating essential information and evaluating climate finance expenditure. Intelligent technologies can be used to track climate funds in a way similar to that in which the PEFA tool would, and to simplify communication and evaluation as the BOOST tool would have. Another reason for using modern technologies is that certain decisions in financial management can be automated, which means that the "human factor" is removed. This decreases the risk of abusing processes.
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133 Farvacque-Vitkovic and Kopanyi Municipal Finances 401.
It should be noted that modern technologies rely significantly on information and data, so if records are not kept diligently, the use of many of these e-tools and other technologies will not be productive. To address this issue, New York developed a simplified formal internal framework for the collection and processing of data with an emphasis on integrating operational data which may reside in the disparate databases that may be developed and maintained by separate agencies.
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134 Farvacque-Vitkovic and Kopanyi Municipal Finances 401.
3.5 Green fiscal autonomy
As previously stated, local fiscal autonomy refers to the ability of cities to set their own taxes, raise their own revenues, and make their own expenditure decisions.
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135 Articles 5, 7(1) 16(2) and 16(5) of the African Charter on the Values and Principles of Decentralisation Local Governance and Local Development (2014); Art 34 of the African Charter on Democracy, Elections and Governance AU Doc AU/Dec/147/VII (2007).
An empirical study done by Slack shows that some cities in Canada are asking for greater fiscal autonomy and to be able to "control their own destiny".
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136 Slack How Much Local Fiscal Autonomy Do Cities Have? 2.
would be more careful in their climate finance management if they were able to make their own green fiscal decisions.
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137 Slack How Much Local Fiscal Autonomy Do Cities Have? 2.
Green fiscal autonomy may lead to more responsible climate finance management under certain circumstances, but it is important to evaluate the internal risks of the city's experiencing financial mismanagement and corruption.
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138 See section 3.1. 139 See section 3.2.
3.6 Incentives for good climate finance management
No specific provisions are currently prescribed by international and regional law or policy which mandate state governments to employ this mechanism, but many do require them to use any legislative and other measures to improve financial management in state institutions, and in cities.
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140 Article 9 of the UNCAC.
Incentives may take different forms, one of which is awards. Globally the AIPH World Green City Award recognises cities that champion initiatives to fulfil local priorities that improve economic, social and environmental resilience.
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141 AIPH 2023 https://aiph.org/green-city/green-city-awards/#:~:text=The%20awards% 20celebrate%20innovation%2C%20achievement,the%20major%20challenges%20facing%20cities. 142 United Cities and Local Governments Local Government Finance 52. 143 United Cities and Local Governments Local Government Finance 52.
Central governments, funders, stakeholders and other global institutions such as the World Bank and the World Economic Forum may use a combination of the above two methods to promote good climate financial management. This incentive could offer an award in the form of recognition, provide publicity on popular investors' forums, attract financial contributions and donations of equipment, and provide opportunities to connect with other leading cities. However, they should never be used to exclude struggling cities from accessing capacity building, peer learning and other opportunities for improving their city governance.
Incentives may place a significant administrative demand on cities in terms of reporting and record keeping.
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144 United Cities and Local Governments Local Government Finance 52. 145 United Cities and Local Governments Local Government Finance 52. 146 United Cities and Local Governments Local Government Finance 52.
3.7 Tax credits and non-monetary private investments to climate projects
Tax credits or incentives involve discounts which cities may give on certain taxes and rates if the resident participated in or made a contribution to a specific climate change project.
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147 Amirtahmasebi et al Regenerating Urban Land 57. 148 Wheeler 2008 Journal of the American Planning Association 487; Rosenzweig et al 2010 Nature 909; Tall et al Enabling Private Investment 14.
Cities in Bangladesh rely on their use of tax credits to reduce corruption and achieve climate change objectives.
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149 Kahn et al 2022 Climate and Development 921. 150 Kahn et al 2022 Climate and Development 921.
In South Africa, tax credits were successfully used by the City of Johannesburg to promote urban regeneration.
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151 Amirtahmasebi et al Regenerating Urban Land 57. 152 Amirtahmasebi et al Regenerating Urban Land 57.
Tax credits can thus be seen as an effective measure for cities to implement climate change projects, but it should be kept in mind that this measure is dependent on strong fiscal autonomy. Furthermore, tax credits will require some administrative work on the part of the city to determine exactly how they will be implemented: Will taxpayers have to apply for the tax credit? Will any inspections have to take place by city officials? The administration of tax credits may therefore place additional strain on cities with limited administrative capacity.
3.8 Limiting the responsibility for public spending to specific person(s)
One of the biggest challenges in climate finance management is the number of stakeholders involved, all of whom bear some degree of responsibility in taking decisions involving change climate projects.
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153 See section 2.2. 154 See section 2.2.
In these situations the main concern relates to not being able to identify the person who should ultimately be held accountable if financial mismanagement or corruption has been identified in climate finance.
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155 United Cities and Local Governments Local Government Finance 17; Kabir et al 2021 Journal of Southwest Jiaotong University 57.
including those of external institutions.
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156 United Cities and Local Governments Local Government Finance 17; Kabir et al 2021 Journal of Southwest Jiaotong University 57.
For example, Chitembo
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157 Chitembo Manual for Local Government Financial Management 8. 158 Chitembo Manual for Local Government Financial Management 8. 159 Chitembo Manual for Local Government Financial Management 8. 160 See section 2.1. 161 Kabir et al 2021 Journal of Southwest Jiaotong University 57; Chitembo Manual for Local Government Financial Management 8.
On the other hand, because of the unique contexts every city and every climate project operate in, it may not be possible for a central government to prescribe these responsibilities.
162
162 United Cities and Local Governments Local Government Finance 17; Kabir et al 2021 Journal of Southwest Jiaotong University 57. 163 United Cities and Local Governments Local Government Finance 17; Kabir et al 2021 Journal of Southwest Jiaotong University 57.
require all stakeholders involved in evaluation processes, especially external auditors, to first establish these intricacies before an audit can be conducted and before any person can be held accountable.
4 Conclusion
Because of the urgency of the global climate crisis, the disproportionate effects it has on cities, and the scarcity of climate funds, this article has set out to explore some financial controls, as found in international and regional law, which could help to maximise the impact of climate funding in cities. The article found and discussed eight measures that may improve climate finance management in cities. The implementation of the measures does not rely on cities alone, but may require the cooperation of central governments, external funders, communities and global organisations such as the World Bank for optimal effectiveness against corruption and financial mismanagement.
For better the better management of climate finance, each climate project should begin with a financial risk assessment. This may be done by the city and the relevant funders of the specific project. Each climate project must have a clear budget and procurement process. The development of financial risk assessments, budgets and procurement processes should be seen as a valuable opportunity to harmonise the financial management rules and policies of all the different funders and stakeholders involved in the climate project. The evaluation and monitoring of a climate project's financial management would be simplified if the responsibility for different climate finance management decisions were limited to specified persons. This can also be done during the financial risk assessment and project planning stages.
Green fiscal autonomy would allow cities to make use of other financial controls, such as tax credits, which could minimise the cash flow in cities rife with corruption. The use of modern technologies could also remove the "human" factor from certain decisions in climate projects that are often vulnerable to corruption. In addition, such technologies could simplify some of the complexities that arise in the climate finance sector. Lastly, stakeholders such as national governments and global organisations could offer incentives for good climate finance management as a form of positive enforcement.
Despite the existence of financial controls set out above and the pivotal role law and policy may play in financial management, it must be noted that law and policy have limited potential in terms of what they can achieve. One can therefore not rely on law and policy as the only tools for addressing corruption in municipal financial management. Such mechanisms must still
be accompanied by appropriate enforcement measures and political will to be effective.
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List of Abbreviations
AF |
Adaptation Fund |
---|---|
AUCPCC |
African Union Convention on Preventing and Combating Corruption (2004) |
DPLG |
Department of Provincial and Local Government |
IMFO |
Institute of Municipal Finance Officers |
LDCF |
Least Developed Country Fund |
OECD |
Organisation for Economic Co-operation and Development |
PEFA |
Public Expenditure and Financial Accountability |
---|---|
SCCF |
Special Climate Change Fund |
SCCFR |
State of Cities Climate Finance Report |
UN |
United Nations |
UNCAC |
United Nations Convention against Corruption (2003) |